Legal Opinion
Microsensor, Inc. v. SMK Corp.
District Court, District of Columbia
Decided May 20, 2005No. CIV.A. 05-0342PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM ORDER
ROBERTSON, District Judge.
On the day before defendant’s motion to dismiss was set for oral argument, plaintiff filed a Rule 41(a)(l)(i) notice of voluntary dismissal. Such a dismissal is without prejudice if notice is filed “at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs.” Defendant has filed neither an answer nor a motion for summary judgment, but defendant nonetheless objects, citing Chambers v. Gesell, 120 F.R.D. 1 (D.D.C. 1988), for the proposition that a Rule 41(a)(l)(i) notice is inoperative when a…
2Cases cited5 opinions
- Kurkowski v. VolckerCourt of Appeals for the Eighth Circuit · 1987
- Joann Aamot v. Robert L. KasselCourt of Appeals for the Sixth Circuit · 1993
- Tuvia Ben Shmuel Yosef v. The Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, and the Shawmut Bank of BostonCourt of Appeals for the Second Circuit · 1989
- Kazue Swedberg v. Emil MarotzkeCourt of Appeals for the Ninth Circuit · 2003
- Chambers v. GesellDistrict Court, District of Columbia · 1988
3Cited by1 opinion
- Kamen v. International Brotherhood of Electrical Workers (IBEW)District Court, District of Columbia · 2007